JAMES WILLIAM SCHNITTER V FE MARIANN CARROLL-SCHNITTER (Index No. 2008/15188)
Motion No: CA 12-00240
Slip Opinion No: 2012 NY Slip Op 65778(U)
Decided on February 28, 2012
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


February 28, 2012

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 12-00240

JAMES WILLIAM SCHNITTER, PLAINTIFF-APPELLANT,

V

FE MARIANN CARROLL-SCHNITTER, DEFENDANT-RESPONDENT.

(Index No. 2008/15188)


Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 29, 2011,

Now, upon reading and filing the statement and affirmation of Steven B. Levitsky, Esq., dated January 31, 2012, and February 14, 2012, the affidavits of James William Schnitter sworn to December 29, 2011, and January 26, 2012, the notice of motion with proof of service thereof, and the statement of Brett C. Granville, Esq., dated February 10, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that Timothy P. Donaher, Esq., Monroe County Public Defender, 10 N. Fitzhugh Street, Rochester, New York 14614, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the County of Monroe is hereby directed to provide appellant with a stenographic copy of the minutes upon which the appeal is based.

Entered: February 28, 2012

Frances E. Cafarell, Clerk